South Africa Case Law

Dis Chem Pharmacies Ltd v Malema and Others (J 4124/18)

Dis Chem Pharmacies Ltd v Malema and Others (J 4124/18) [2018] ZALCJHB 451; (2019) 40 ILJ 855 (LC) (7 December 2018)

Court

Labour Court Johannesburg

Case number

J 4124/18

Judge

Snyman

The Labour Court found that the respondents, despite clear picketing rules and a prior court order, engaged in persistent unlawful conduct during protected strike action, including violence, intimidation, and property damage. The Court held that the right to picket is inseparable from the obligation to act peacefully, and that continued breaches of this obligation justify suspension or forfeiture of the right. Section 69(12) of the LRA empowers the Court to grant urgent interim relief that is just and equitable, including suspension of picketing rights. The Court concluded that the respondent…

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• Picketing Rules
• Urgent Interdict
• Strike Action
• Forfeiture Of Rights
• Section 69 Lra
• Contempt Of Court

Cherangani Trade & Invest 107 (Pty) Ltd v Mason and Others (CCT116/2009)

Cherangani Trade & Invest 107 (Pty) Ltd v Mason and Others (CCT116/2009) [2011] ZACC 12; 2011 (11) BCLR 1123 (CC) (8 April 2011)

Court

Constitutional Court

Case number

CCT116/2009

Judges

Yacoob, Ngcobo, Moseneke, Cameron, Froneman, Jafta, Khampepe, Mogoeng, Mthiyane, Nkabinde, Van der Westhuizen

The Constitutional Court refused leave to appeal, holding that although the matter raises constitutional issues regarding the interpretation of section 89(5)(c) of the National Credit Act and the potential for arbitrary deprivation of property, it is not in the interests of justice to grant leave. The Court found that the applicant failed to demonstrate any concrete prejudice or reasonable prospect of success, and that the absence of the Minister for Finance, who has a direct and substantial interest in forfeiture orders, is fatal. The Court emphasized the undesirability of acting as a court…

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• Arbitrary Deprivation Of Property
• National Credit Act
• Forfeiture Of Rights
• Unlawful Credit Agreement
• Joinder Of State
• Leave To Appeal

S Z Tooling Services CC v South African Eagle Insurance Company Ltd. (53/1991)

S Z Tooling Services CC v South African Eagle Insurance Company Ltd. (53/1991) [1992] ZASCA 157; 1993 (1) SA 274 (AD); [1993] 1 All SA 217 (A) (18 September 1992)

Court

Supreme Court of Appeal

Case number

53/1991

Judges

Van Heerden, Nestadt, Eksteen, Nienaber, Krieger

The court held that motion proceedings for declaratory relief counted as “legal action” under an insurance time-bar clause, avoiding forfeiture of the insured’s rights.

• Insurance Policy Interpretation
• Time Bar Clauses
• Declaratory Relief
• Forfeiture Of Rights
• Insurance-policy-interpretation
• Time-bar-clauses